N.Y. Const. art. V, § 7: Membership in retirement systems; benefits not to be diminished nor impaired

§ 7. (a) After July first, nineteen hundred forty, membership in any

pension or retirement system of the state or of a civil division thereof

shall be a contractual relationship, the benefits of which shall not be

diminished or impaired.

(b) Notwithstanding subdivision (a) of this section, the public

pension of a public officer, as defined in paragraph (c) of this

section, who stands convicted of a felony for which such felony has a

direct and actual relationship to the performance of the public

officer's existing duties, may be reduced or revoked, following notice

and a hearing by an appropriate court, as provided by law. The court

determination whether to reduce or revoke such pension shall be based on

the consideration of factors including the severity of the crime and the

proportionality of a reduction or revocation of such pension to such

crime. When a court issues an order to reduce or revoke such pension,

the court shall consider and determine specific findings as to the

amount of such forfeiture, if any, and whether forfeiture, in whole or

in part, would result in undue hardship or other inequity upon any

dependent children, spouse or other dependents; and other factors as

provided by law. The legislature shall enact legislation to implement

this amendment taking into account interests of justice.

(c) For the purposes of paragraph (b) of this section, the term

"public officer" shall mean: (i) an official filling an elected office

within the state; (ii) a holder of office filled by direct appointment

by the governor of this state, either upon or without senate

confirmation; (iii) a county, city, town or village administrator,

manager or equivalent position; (iv) the head or heads of any state or

local government department, division, board, commission, bureau, public

benefit corporation, or public authority of this state who are vested

with authority, direction and control over such department, division,

board, commission, bureau, public benefit corporation or public

authority; (v) the chief fiscal officer or treasurer of any municipal

corporation or political subdivision of the state; (vi) a judge or

justice of the unified court system; and (vii) a legislative, executive,

or judicial employee of this state who directly assists in the

formulation of legislation, rules, regulations, policy, or judicial

decision-making and who is designated as a policymaker as set forth in

statute.

(d) Paragraph (b) of this section shall only apply to crimes committed

on or after the first of January next succeeding the date upon which the

people shall approve and ratify the amendment to the constitution that

added this paragraph.